Mesa resident Rob Petersen drove to Pinal County restaurant San Tan Flat last month, looking for a good meal, a good time and a chance to dance and maybe meet someone.

San Tan Flat can the dance night away

San Tan Flat dispute heads to courthouse

But Petersen said that what he experienced at San Tan Flat was anything but a relaxing Saturday night.

Several uniformed officers from the Pinal County's Sheriff's Office showed up and moved through the crowd, shining flashlights and asking restaurant patrons for identification.

"They were out in force," said Peterson, a 17-year Navy veteran. "It was not one or two like you would see anywhere else. I felt like it was to show the public or intimidate the public - to show them what they can do."

The accusations of police harassment - which Pinal County Sheriff Chris Vasquez said are untrue - are the latest in a series of dustups at San Tan Flat.

Owner Dale Bell and his son Spencer have been involved in a nearly two-year legal battle with the county, which applied a 1960s "dance hall" ordinance that officials said caused the restaurant to morph into an illegal dance hall anytime someone swayed to live music played there.

In April, Pinal County Superior Court Judge William O'Neil ruled against the Pinal County Board of Supervisors and a county hearings officer, saying that San Tan Flat is not a dance hall. The judge also called interference by small local governments "dangerous."

Meanwhile, Bell has been busy chronicling sheriff's deputies canvassing his bustling establishment using video and pictures beginning the middle of March.

Bell believes politics are at the heart of the actions by the Pinal County Sheriff's Office, an allegation Vasquez flatly denied.

Bell said deputies began combing San Tan Flat after Bell showed public support for Paul Babeu, a Chandler police officer who is a likely opponent of Vasquez in the November election.

Bell displays sandwich boards supporting Babeu on the patio of his restaurant, and has also installed a series of similar billboards at the front of his restaurant, along the heavily traveled Hunt Highway.

Vasquez denied that politics is playing a role in the checks. He said it was the decision of Lt. Bill Haigh, commander of the area, to police two bars in the area - San Tan Flat and The Gym Grill and Bar in Copper Basin. Those checks should be regular, weekly stops for deputies checking for bars overserving patrons or serving minors.

"It has nothing to do with politics - (Bell) has every right to endorse whoever he wants," Vasquez said.

Bell, meanwhile, believes the compliance checks are an obvious harassment and are driving customers away from his business.

Bell, a restaurateur for 30 years, said the checks go beyond anything he's ever seen.

In a letter to Vasquez, Bell said officers linger for a half-hour and have checked the identification of young mothers with no drinks at their table, while they were eating dinner at 9 p.m.

"Normal procedure is to check a license and check for compliance," Bell said. "They check in. They come in and say 'Hi and bye.' "

The Gym, the only other similar establishment in the area, had two such checks in March and April, according to Pinal County Sheriff's records.

Bell said his restaurant was visited at least nine times during the same period.

The Arizona Department of Liquor Licenses and Control has looked into two complaints about Bell's establishment during the 30 months it has been open, and found that there were no violations, according to the agency's records.

Sgt. Wes Kuhl, with the state liquor board, investigated San Tan Flat after complaints were made. He said that his agency's investigations are different in nature than those of the Pinal County Sheriff's Office.

"If we are responding to complaints, we respond in a covert capacity," Kuhl said. "We're going to have the best chance of observing that violation if one exists."

Arizona law gives law enforcement agencies wide discretion in enforcing the state's liquor laws.

The sheriff said he's backed off the compliance checks since Bell won his legal battle against the county on April 30. Bell said the last time sheriff's deputies arrived in his open-air courtyard was April 26.

Vasquez said he's suspended the checks to avoid the appearance of politics, even though the department plans to continue the compliance checks at some point in an effort to keep thecounty's roads safe from drunken drivers.

"We've backed off there recently because of the court ruling," Vasquez said. "I didn't want to give the appearance that we're going after them, because we're not."

Attorneys with the Arizona Chapter of the Institute for Justice, a nonprofit civil rights law firm, represented Bell in his "dance hall" case against the county.

Chapter leader Tim Keller said his group is also monitoring the situation with the sheriff.

"You expect the sheriff of a county to wear the white hat," Keller said. "This type of action borders on lawlessness and borders on intrusion on Dale's ability to run his business. It's government harassment."

Keller said the Institute for Justice wouldn't normally pick up a case like this, but because of the county's history with Bell, it is paying close attention.

"We view this type of harassment as a clear violation of Dale's constitutional rights," Keller said. "If it continues, we will help him look for other counsel or we will file a case to enjoin the sheriff's office from harassing Dale anymore."